It doesn't even take the right person to make those arguments. They are automatic in any appeal in this case.
But, no because those issue's/errors can be/will be, and therefore must be, remedied (corrected) through exhaustion of all possible attempts in the state court system first.
Now, if the state's highest court rules wrongly on a claim of federal issue or fundamental right, then the case may get in to the federal system.
The logistical concept in play here is that nothing moves up the ladder until the total conclusion of that portion of the case is resolved at that level below. It's a concept of "judicial economy" caused by keeping cases as low as possible whenever possible, unless absolutely necessary under the law.
Think of it this way: Murder loses at trial and gets death sentence under state murder law and is sentenced to death. Loses appeal at intermediate state court level. Loses again at state's highest court. Then, the murderer can go directly to the federal intermediate appeal court and, if necessary and still appropriate thereafter, SCOTUS as the final arbiter.
Orderly rules about progression through "the system" like this apply 98.2% of the time.
rfenst wrote:
